White House counsel Don McGahn will leave Trump administration in the fall

President Donald Trump insists that his White House counsel isn't a "RAT" like the Watergate-era White House attorney who turned on Richard Nixon, and he is blasting the ongoing Russia investigation as "McCarthyism." (Aug. 20)
AP

epa06957685 (FILE) - White House counsel Don McGahn (L) listens to President Donald J. Trump speak to the media before meeting with members of his administration in the Cabinet Room of the White House Washington, DC, USA 21 June 2018, (reissued 19 August 2018). Media reports on 19 August 2018 state that Donald McGahn, White House Counsel, has voluntarily cooperated with special counsel Robert Mueller team as a regular witness. Robert Mueller special counsel is investigating alleged Russian interference in the 2016 US election. EPA-EFE/JIM LO SCALZO *** Local Caption *** 54428969(Photo: EPA-EFE)

WASHINGTON – White House counsel Don McGahn, who had extraordinary access to President Donald Trump during some of his most controversial dealings and decisions, will leave his post this fall, the president said Wednesday.

Trump announced McGahn's departure on Twitter hours after a report by Axios broke the news that the lawyer planned to leave.

Trump thanked McGahn for his service and confirmed his counsel would leave in the fall after the Senate hearings on Brett Kavanaugh, the president's pick for the Supreme Court.

"White House Counsel Don McGahn will be leaving his position in the fall, shortly after the confirmation (hopefully) of Judge Brett Kavanaugh to the United States Supreme Court," Trump tweeted. "I have worked with Don for a long time and truly appreciate his service!"

Later Wednesday at the White House, Trump said McGahn was a "good man" and may next work in the private sector. Asked about whether McGahn's departure was related to the recent news that he had cooperated heavily with special counsel Robert Mueller, Trump said no and added he wasn't concerned with what McGahn may have told investigators. Less than two weeks ago, McGahn's cooperation with investigators was publicized.

Mueller is leading the investigation into Russian interference in the 2016 election and is probing any possible obstruction of justice by the president. That has led to speculation that Trump was not pleased with McGahn's 30 hours of interviews with investigators.

White House counsel Don McGahn (L) listens to the President speak to the media before meeting with members of his administration in the Cabinet Room of the White House Washington on June 21, 2018. JIM LO SCALZO, EPA-EFE

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"I knew he was going, also. I had to approve it," Trump said. "We do everything straight. We do everything by the book."

McGahn's legacy in the White House is a mixed bag of both helping protect the president's conservative agenda and preventing worsening scandals inside the administration. McGahn also worked as counsel to Trump's campaign.

"It might not have always been on the flashy things, but you can see his fingerprints on many policies," said Carl Tobias, a University of Richmond law professor.

He helped pad deregulations at the Environmental Protection Agency and had his hands in the legal debate of the president's so-called Muslim travel ban, Tobias said. His office helped the Interior Department with slashing the amount of federal land protected in national monuments, including the Bears Ears National Monument, and likely helped in the legal vetting of a proposal to significantly cut car emissions rules.

Republican leaders lauded his work on helping the administration reshape the judiciary, concluding with one final mission: guiding Kavanaugh to the Supreme Court.

White House Counsel Don McGahn will be leaving his position in the fall, shortly after the confirmation (hopefully) of Judge Brett Kavanaugh to the United States Supreme Court. I have worked with Don for a long time and truly appreciate his service!

"There's not been any White House counsel who has worked so well and so efficiently with the chairman’s office and the Senate Judiciary Committee on judges," said George Hartmann, a spokesman for Senate Judiciary Chairman Chuck Grassley, R-Iowa.

Senate Majority Leader Mitch McConnell also said McGahn's departure was a "big loss" and seemed blindsided by Trump's announcement.

"If the reporting is true about Don McGahn’s time at the White House coming to an end later this year, it will be sad news for our country," McConnell said, after Trump himself tweeted it.

He added McGahn was the "most impressive White House Counsel during my time in Washington, and I’ve known them all."

But McGahn's legacy in the White House was also weighed down by the constant barrage of scandals, some of which McGahn tried to prevent.

"This position is such a high-power job and a difficult one in this administration in particular," Tobias said. "You're always in the hot seat."

McGahn reportedly threatened to quit last year when Trump proposed firing special counsel Mueller.

McGahn and others convinced the president that firing Mueller would be a bad idea and eventually Trump pledged to work with the special counsel's office. Officials also told USA TODAY at the time that Trump was well aware of the political fallout from a dismissal of the special counsel.

Trump railed against the news media after the scope of McGahn's interviews with federal prosecutors was published. Trump said he wanted McGahn to cooperate with Mueller's team in hopes that the transparency would quicken the pace of the investigation, which has dogged his presidency since it began.

The New York Times reported McGahn took Mueller's team through Trump's comments and actions in some of the most controversial topics that have surrounded the White House.

McGahn reportedly told investigators what he knew about the president's role in the firing of former FBI director James Comey. He also discussed Trump's repeated criticism of Attorney General Jeff Sessions for recusing himself from the Russia probe.

Additionally, McGahn talked about his role with the Russia investigation before the president hired outside counsel to deal with the matter, the Times reported.

McGahn reportedly felt the president's willingness for him to cooperate with Mueller could be a trick. He feared the president and his team of lawyers might be setting him up to take the blame for any possible criminal charges that arise.

This was the partially the case during Richard Nixon's presidency. Former White House Counsel John Dean ended up cooperating with investigators, becoming a star witness after fearing Nixon was setting him up to be a scapegoat in the Watergate scandal.

McGahn's lawyer did not immediately return a request for comment. In announcing the departure, Trump did not name McGahn's successor or offer a reasoning for McGahn leaving.

Axios reported McGahn wants Emmet Flood to replace him. Flood represented former President Bill Clinton during his impeachment and was hired by the Trump White House to deal with the Russia investigation. Flood also worked for former President George W. Bush.